Full Text of SB0297 96th General Assembly
SB0297 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB0297
Introduced 2/6/2009, by Sen. Martin A. Sandoval SYNOPSIS AS INTRODUCED: |
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Creates the Design-Build for Highway Construction Demonstration Act. Authorizes the Department of Transportation and the Illinois State Toll Highway Authority to use a design-build method of source selection for highway construction projects. Sets forth procedures for using the design-build method. Requires the agencies to submit an evaluation report concerning the design-build method no later than December 31, 2012. Repeals the Act on June 30, 2013. Effective July 1, 2009.
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A BILL FOR
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SB0297 |
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LRB096 03731 AJT 13760 b |
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| AN ACT concerning highways.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 1. Short title. This Act may be cited as the | 5 |
| Design-Build for Highway Construction Demonstration Act. | 6 |
| Section 5. Legislative intent. Design-bid-build has been | 7 |
| the traditional and preferred method of delivering completed | 8 |
| highway construction projects since the inception of the system | 9 |
| of state highways under the jurisdiction and management of | 10 |
| state government authorities. Design-bid-build has relied on a | 11 |
| qualifications-based selection of engineering expertise for | 12 |
| the design function and a sealed competitive bid selection for | 13 |
| the build function. The existing process is intended to secure | 14 |
| a quality project at the lowest cost while avoiding fraud, | 15 |
| corruption, and abuse in the contracting process. | 16 |
| Design-build combines the design and construction | 17 |
| functions in one contract with the intention of saving time and | 18 |
| money by taking advantage of innovation in both design and | 19 |
| construction and by realizing the benefits of a single | 20 |
| contract. The design-build method of project delivery has been | 21 |
| used with success in private sector construction and has been | 22 |
| attempted by other states for highway construction with mixed | 23 |
| results. The civil engineering and highway construction |
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| industries in Illinois have developed over a considerable time | 2 |
| working in the traditional method of contracting and project | 3 |
| delivery. | 4 |
| Adoption of design-build carries with it risks that should | 5 |
| be assessed and potential rewards that should be identified | 6 |
| before the method is fully adopted for highway construction. | 7 |
| The State agencies responsible for the construction and | 8 |
| maintenance of State highways also need to adapt to the changes | 9 |
| that such an adoption would bring. The General Assembly | 10 |
| therefore believes that a period of study and evaluation is | 11 |
| appropriate before the design-build method is adopted for | 12 |
| general use. It is the policy of the State that | 13 |
| design-bid-build remains the preferred delivery method of | 14 |
| highway construction projects, but that design-build should be | 15 |
| authorized and evaluated as an alternative method for selected | 16 |
| projects. | 17 |
| Section 10. Authority for use. | 18 |
| (a) The Illinois Department of Transportation and the | 19 |
| Illinois State Toll Highway Authority, as the State highway | 20 |
| construction agencies, may provide for use of a design-build | 21 |
| method of source selection for highway construction projects, | 22 |
| on highways subject to their jurisdiction, in order to | 23 |
| demonstrate and evaluate the use, advantages, and | 24 |
| disadvantages of that method of source selection for highway | 25 |
| construction projects. It is the policy of the State for the |
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| use of this method to publicly announce all requirements for | 2 |
| design-build services and to procure those services on the | 3 |
| basis of demonstrated competence and qualifications with due | 4 |
| regard for the principles of competitive selection. The State | 5 |
| highway construction agency undertaking demonstration projects | 6 |
| selected under the authority of this Act must evaluate the | 7 |
| design-build method compared to the traditional method by | 8 |
| considering the following factors: | 9 |
| (1) The relative advantages and disadvantages, | 10 |
| considering time, cost, and the resources of the agency to | 11 |
| achieving the final completion of the project; | 12 |
| (2) The type, size, and suitability of projects to the | 13 |
| design-build method of source selection; and | 14 |
| (3) The ability of the agency to define and provide | 15 |
| comprehensive scope and performance criteria for the | 16 |
| construction project as required by this Act, as well as | 17 |
| what may be possible under a design-build contract | 18 |
| providing for greater conceptual responsibility for the | 19 |
| design-build entity. | 20 |
| (b) Projects selected by the Illinois Department of | 21 |
| Transportation for demonstration under this Act must be | 22 |
| identified in the annual highway construction program document | 23 |
| published by the Department under Section 2705-200 of the | 24 |
| Department of Transportation Law of the Civil Administrative | 25 |
| Code of Illinois. |
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| Section 15. Definitions. As used in this Act: | 2 |
| "Design-bid-build" means the traditional method of source | 3 |
| selection used on public projects in this State that | 4 |
| incorporates the Architectural, Engineering, and Land | 5 |
| Surveying Qualifications Based Selection Act, and the Illinois | 6 |
| Procurement Code.
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| "Design-build" means a method of source selection that | 8 |
| provides responsibility within a single contract for the | 9 |
| furnishing of engineering, land surveying and related design | 10 |
| services, and the labor, materials, equipment, and other | 11 |
| construction services for the project. | 12 |
| "Design-build contract" means a contract for a public | 13 |
| project procured under this Act between a State highway | 14 |
| construction agency and a design-build entity to furnish | 15 |
| engineering, land surveying and related design services as | 16 |
| required and to furnish the labor, materials, equipment, and | 17 |
| other construction services for the project. The design-build | 18 |
| contract may be conditioned upon subsequent refinements in | 19 |
| scope and price and may allow the State highway construction | 20 |
| agency to make modifications in the project scope and contract | 21 |
| price without invalidating the design-build contract. | 22 |
| "Design-build entity" means any entity organized in a | 23 |
| manner recognized in law that proposes to design and build a | 24 |
| public project under this Act. | 25 |
| "Design professional" means any entity recognized by law to | 26 |
| offer services under the Professional Engineering Practice Act |
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| of 1989, the Structural Engineering Practice Act of 1989, the | 2 |
| Illinois Professional Land Surveyor Act of 1989, or the | 3 |
| Illinois Architecture Practice Act of 1989. | 4 |
| "Evaluation criteria" means the requirements to be used for | 5 |
| the selection process as defined in this Act including any | 6 |
| specialized experience, technical qualifications and | 7 |
| competence, financial capacity to perform, past performance or | 8 |
| experience, personnel resources, cost, and other appropriate | 9 |
| factors. The manner of judging qualifications in relation to | 10 |
| the proposed costs must be clearly defined as provided in this | 11 |
| Act. | 12 |
| "Proposal" means the offer to enter into a design-build | 13 |
| contract as submitted by a design-build entity in accordance | 14 |
| with this Act. | 15 |
| "Request for proposals" means the document used by a State | 16 |
| highway construction agency to solicit proposals for a | 17 |
| design-build contract. | 18 |
| "Scope and performance criteria" means the requirements | 19 |
| for the project, including, but not limited to, the intended | 20 |
| usage, capacity, size, scope, quality and performance | 21 |
| standards, life-cycle costs, and other programmatic criteria | 22 |
| that are expressed in performance-oriented and quantifiable | 23 |
| specifications and drawings that can be reasonably inferred and | 24 |
| are suitable to allow a design-build entity to develop a | 25 |
| proposal. |
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| Section 20. Scope and performance criteria. The State | 2 |
| highway construction agency must develop the scope and | 3 |
| performance criteria. The scope and performance criteria must | 4 |
| be in reasonably sufficient detail and contain reasonably | 5 |
| adequate information to inform the qualified design-build | 6 |
| entities of the State highway construction agency's overall | 7 |
| needs and goals, including, but not limited to, applicable | 8 |
| standards adopted by the agency governing the work of the | 9 |
| project, preliminary design plans, anticipated schedules, and | 10 |
| delivery requirements. The scope and performance criteria must | 11 |
| also include a description of the level of design to be | 12 |
| provided in the proposals. The description must include the | 13 |
| scope and type of renderings, drawings, and specifications | 14 |
| that, at a minimum, will be required to be produced by the | 15 |
| design-build entity. The scope and performance criteria must be | 16 |
| prepared by an appropriately licensed design professional who | 17 |
| may be an employee of the agency, or the agency may contract | 18 |
| with an independent design professional selected in accordance | 19 |
| with the Architectural, Engineering, and Land Surveying | 20 |
| Qualification Based Selection Act to provide these services. | 21 |
| The design professional that prepares the scope and performance | 22 |
| criteria is prohibited from participating in any design-build | 23 |
| entity proposal for the project. | 24 |
| Section 25. Solicitation of design-build proposals. | 25 |
| Design-build contracts must be procured by a request for |
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| proposals process conforming to this Act. A request for | 2 |
| proposals must be prepared for each project and must contain, | 3 |
| at a minimum, all of the following information: | 4 |
| (1) The State transportation construction agency that | 5 |
| will award the design-build contract; | 6 |
| (2) The desired schedule for the completion of the | 7 |
| project; | 8 |
| (3) The qualification criteria for design-build | 9 |
| entities desiring to submit proposals incorporating any | 10 |
| established prequalification, registration, or other | 11 |
| requirements that are relevant to the needs of the | 12 |
| individual project; | 13 |
| (4) The terms and conditions of the contract that will | 14 |
| govern the performance of the project; | 15 |
| (5) The scope and performance criteria governing the | 16 |
| contract; | 17 |
| (6) The selection criteria to evaluate the | 18 |
| design-build entity proposal; | 19 |
| (7) The date, time, and place that proposals are due | 20 |
| that in no case may be less than 30 calendar days after the | 21 |
| date of the issuance of the request for proposals; | 22 |
| (8) The requirements for identification of the | 23 |
| design-build team members; and | 24 |
| (9) The date, time, and place that the cost component | 25 |
| of accepted proposals will be publicly opened and read.
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| Section 30. Publication of requests for proposals. All | 2 |
| requests for design-build proposals must be published in the | 3 |
| volume of the Illinois Procurement Bulletin used by the State | 4 |
| highway construction agency for its regular construction | 5 |
| contract lettings under the Illinois Procurement Code. | 6 |
| Section 35. Submission of proposals. Proposals must be | 7 |
| properly identified and sealed. Proposals may not be reviewed | 8 |
| until after the deadline for submission has passed as set forth | 9 |
| in the request for proposals. All design-build entities | 10 |
| submitting proposals must be disclosed after the deadline for | 11 |
| submission. Proposals must include a bid bond in the form and | 12 |
| security as designated in the request for proposals. Proposals | 13 |
| must contain a separate sealed envelope containing the cost | 14 |
| component within the overall proposal submission. Proposals | 15 |
| must conform in all material respects to the request for | 16 |
| proposal or they may be rejected as non-responsive. The State | 17 |
| transportation construction agency may reject any and all | 18 |
| proposals and may waive technicalities. Any drawings and | 19 |
| specifications contained in proposals not selected remain the | 20 |
| property of the design-build entity unless otherwise provided | 21 |
| for in the request for proposals. Proposals may be withdrawn | 22 |
| prior to evaluation for any reason. | 23 |
| Section 40. Selection committee. The State highway | 24 |
| construction agency must establish a selection committee to |
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| evaluate the technical components of the proposals. The | 2 |
| selection committee must consist of 5 members, 3 of whom are | 3 |
| professionally licensed officers or employees of the agency, | 4 |
| and 2 of whom are public members. The public members may not be | 5 |
| employed or associated with any firm holding a contract with | 6 |
| the State highway construction agency and must be nominated, | 7 |
| one each, by the American Council of Engineering Companies of | 8 |
| Illinois, and, in the following order on a rotating basis, the | 9 |
| Associated General Contractors of Illinois, the Illinois Road | 10 |
| and Transportation Builders Association, the Illinois Asphalt | 11 |
| Pavement Association, and the Illinois chapter of the American | 12 |
| Concrete Pavement Association. The selection committee and | 13 |
| individual members may be designated for a set term or for a | 14 |
| particular project. Each member of the selection committee must | 15 |
| certify, for each request for proposal, that no conflict of | 16 |
| interest exists between the member and each of the design-build | 17 |
| entities submitting proposals. If a conflict exists, the member | 18 |
| must be replaced before any review of proposals. | 19 |
| Section 45. Procedures for selection and award. | 20 |
| (a) For highway construction projects estimated to cost | 21 |
| $10,000,000 or less, all proposals received by the date and | 22 |
| time due must be opened and recorded. The cost component must | 23 |
| remain sealed and retained by the chief contracting official | 24 |
| responsible for the conduct of lettings in accordance with the | 25 |
| regular procedures of the agency. The chief contracting |
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| official must transmit all technical components for evaluation | 2 |
| to the selection committee. The chief contracting official must | 3 |
| serve as recording secretary to the selection committee. The | 4 |
| selection committee must evaluate each proposal for | 5 |
| responsiveness to the request, qualifications of the | 6 |
| design-build team, proposed methods of achieving the scope and | 7 |
| performance criteria, and achievement of any other evaluation | 8 |
| factors set forth in the request. The selection committee may | 9 |
| require clarification of any element contained in the technical | 10 |
| component in order to determine whether the proposal conforms | 11 |
| to the request. The proposals may not be ranked, except that | 12 |
| after evaluation, the selection committee must mark and record | 13 |
| each proposal as either "accepted" or "not accepted." The time | 14 |
| for evaluation must be no less than 24 hours unless a longer | 15 |
| period is specified in the request. After evaluation, the chief | 16 |
| contracting official must reseal and retain all accepted and | 17 |
| unaccepted proposals. The cost component of each accepted | 18 |
| proposal must be opened and publicly read at the date, time, | 19 |
| and place specified in the request. The right to reject any and | 20 |
| all proposals, to waive technicalities, and to solicit new | 21 |
| proposals must be reserved. The design-build contract may be | 22 |
| awarded to the lowest accepted proposal by the State highway | 23 |
| construction agency provided the cost component is responsive | 24 |
| to the request. After the award, all proposals not accepted and | 25 |
| non-low proposals must be returned. | 26 |
| (b) For highway construction projects exceeding an |
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| estimate of $10,000,000, the procedures and rights are the same | 2 |
| as subsection (a) of this Section, except that accepted | 3 |
| proposals must be graded by the selection committee for quality | 4 |
| of the proposal and achievement of the scope and performance | 5 |
| criteria. The scoring is from 1 through 100 points. Any | 6 |
| accepted proposal scoring less than 76 points must be marked | 7 |
| unacceptable. The time for evaluation must be no less than 72 | 8 |
| hours unless a longer period is specified in the request. The | 9 |
| design-build contract may be awarded to the responsive best | 10 |
| value proposal determined by adjusting the as read cost | 11 |
| component by the technical component score as follows: | 12 |
| (1) The cost component for a proposal scored 97-100 | 13 |
| must be divided by 1; | 14 |
| (2) The cost component for a proposal scored 93-96 must | 15 |
| be divided by 0.99; | 16 |
| (3) The cost component for a proposal scored 89-92 must | 17 |
| be divided by 0.98; | 18 |
| (4) The cost component for a proposal scored 85-88 must | 19 |
| be divided by 0.97; | 20 |
| (5) The cost component for a proposal scored 81-84 must | 21 |
| be divided by 0.96; and | 22 |
| (6) The cost component for a proposal scored 77-80 must | 23 |
| be divided by 0.95. | 24 |
| Section 50. Confidentiality. The status of a proposal as | 25 |
| accepted or not accepted and proposal scores may not be |
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| disclosed for any reason before the cost element is publicly | 2 |
| opened and read. | 3 |
| Section 55. Conditions. Projects selected for procurement | 4 |
| under the terms of this Act are subject to the following | 5 |
| conditions: | 6 |
| (1) Department of Transportation projects must be | 7 |
| selected that have been designed through at least the | 8 |
| completion of Phase I preliminary engineering, as defined | 9 |
| by the design policies and procedures of the Department. On | 10 |
| any project selected for this demonstration program, the | 11 |
| design-build components may be initiated only after all | 12 |
| necessary approvals have been obtained from the department | 13 |
| and, as applicable, the Federal Highway Administration for | 14 |
| an engineering study and report that establishes the | 15 |
| location and scope of the project, and for environmental | 16 |
| documentation that analyzes the environmental impacts of | 17 |
| the project alternatives considered. | 18 |
| (2) All necessary rights-of-way, permanent and | 19 |
| temporary, must be acquired prior to the commencement of | 20 |
| construction by the design-build entity. Nothing in this | 21 |
| paragraph (2) prohibits the design-build entity from | 22 |
| securing any additional temporary interests or rights of | 23 |
| access deemed necessary to accomplish the project. | 24 |
| (3) The State highway construction agency must secure | 25 |
| all necessary permits. |
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| (4) The State highway construction agency must secure | 2 |
| any necessary relocation of utilities located on existing | 3 |
| or acquired rights-of-way unless the request for proposals | 4 |
| provides that existing utilities will be planned for and | 5 |
| adjusted during construction. Notwithstanding any | 6 |
| provision contained in Section 9-113 of the Illinois | 7 |
| Highway Code concerning the provision of final engineering | 8 |
| plans prior to notice given to permitted utilities to | 9 |
| relocate, a permitted utility must proceed to relocate and | 10 |
| adjust permitted
facilities pursuant to Section 9-113 of | 11 |
| the Illinois Highway Code upon notice with preliminary | 12 |
| plans showing the final or adjusted position of the | 13 |
| utilities. | 14 |
| Section 60. Procurement and contract mandates. | 15 |
| Design-build contracts procured under this Act are subject to | 16 |
| all applicable federal and State laws governing the performance | 17 |
| of public contracts and all applicable ethical and conflict of | 18 |
| interest disclosures and prohibitions mandated by law. The | 19 |
| design-build entity must certify that no state appropriated | 20 |
| funds have been or will be paid, by or on behalf of the | 21 |
| design-build entity, to any person for influencing or | 22 |
| attempting to influence an officer or employee of a State | 23 |
| agency or the Governor's office, a member of the General | 24 |
| Assembly, an officer or employee of the General Assembly, or an | 25 |
| employee of a member of the General Assembly in connection with |
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| the awarding of any design-build contract. | 2 |
| Section 65. Design professional seal. Nothing in this Act | 3 |
| may be deemed to eliminate, reduce, or affect the requirements | 4 |
| of the Structural Engineering Practice Act of 1989, | 5 |
| Professional Engineering Practice Act of 1989, the Illinois | 6 |
| Professional Land Surveyor Act of 1989, and the Illinois | 7 |
| Architecture Practice Act of 1989, including, but not limited | 8 |
| to, the preparation and sealing of plans and documents. | 9 |
| Section 70. Rules and regulations. The State highway | 10 |
| construction agencies are not required to adopt rules and | 11 |
| regulations pursuant to the Illinois Administrative Procedure | 12 |
| Act in order to implement this Act. All policies and procedures | 13 |
| adopted to implement this Act must be identified and published | 14 |
| in the web site maintained by the Department of Transportation. | 15 |
| Section 75. Report. The State highway construction | 16 |
| agencies must, jointly or severally, submit an evaluation | 17 |
| report as required by Section 10 of this Act. The agencies must | 18 |
| solicit, accept, and respond to comments provided by the | 19 |
| industry groups or associations providing appointed public | 20 |
| members to the selection committee, and must incorporate the | 21 |
| comments and responses into the report. The report is due and | 22 |
| must be filed with the Procurement Policy Board no later than | 23 |
| December 31, 2012. |
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| Section 80. Sunset. This Act is repealed on June 30, 2013.
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| Section 99. Effective date. This Act is effective July 1, | 3 |
| 2009.
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